Lodging a 2nd partner visa onshore (309 , 100) - Page 7

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Lodging a 2nd partner visa onshore (309 , 100) - Page 7


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  #61 (permalink)  
Old 02-05-2014, 08:20 AM
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Quote:
Originally Posted by NiallC33 View Post
some pen pusher can somehow say we're not defacto
Unfortunately by the definition under Australian law (and based on the limited information you have supplied on this thread) it's not a question of some jobs worth saying you aren't...you genuinely don't qualify...unfortunately Australia is a very attractive country to migrate to and as such they have to be (often infuriatingly) strict when it comes to the criteria of this visa as it's the easiest way to PR if you don't have any skills that Australia requires. I know it sucks...many people on this forum have had to jump through various hoops and endure long separations (up to 1-2 years) from their loved ones because so many people are lodging applications. I know you desperately want to find that golden ticket loophole but I think at this point you are chasing a pipe dream. It's not going to happen.
Another option available to you..and one that I used...may be student visa as at least you get to work 20 hours a week so not totally reliant on savings

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  #62 (permalink)  
Old 02-05-2014, 08:21 AM
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"all because some pen pusher can somehow say we're not defacto"

But you're not defacto? It's not some pen pusher making up the rules, they're not making it up as they go along, they're concrete rules that have been set for a long period of time.

Yes, it's unfortunate that your girlfriend is going to have to uproot her life in order to be in a relationship with you, but unfortunately they put these rules in place so that people can't find these loopholes in order to cheat the system.

Have you considered moving to NZ on a working holiday visa and applying from there?

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  #63 (permalink)  
Old 02-05-2014, 08:23 AM
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I believe Victoria is also very strict that you must have lived together for 12 months before you can register your relationship, and not a day before.

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  #64 (permalink)  
Old 02-05-2014, 08:28 AM
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*pulls last strand of hair from head*


  #65 (permalink)  
Old 02-05-2014, 08:30 AM
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Quote:
Originally Posted by NiallC33 View Post
another question guys
my partners family are all from victoria,all live there
if my missus updated her details to victoria (she is certain she has some mail in her parents house addressed to her in Vic) , could we get the relatiosnhip declared in Vic, therefore circumventing the cohab requirement ?
You can't just have a mailing address there, but you have to reside there - ie live, work and participate in the community there.

I know that we are raining on your parade, but there are simply no shortcuts with immigration. We've all been there and as much as your situation is real and stressful to you, you're not unique.

We are all doing the hard yards here! Everyone on the partner visa treadmill has had to make sacrifices - applicants and sponsors. The vast majority of us has spent months and sometimes years separated from our loved ones. When people attempt to manipulate the system, immigration fights back by creating policies that can make it even harder for migrant hopefuls to get a visa.

Have you researched the PMV? You can come back to Australia on a tourist visa once it's lodged or your partner can visit you in Ireland. It's a much easier visa to get compared to the de facto visa and while it does required that you get married within 9 months of visa approval, it sounds like you are planning to get married anyway and marriage isn't much different compared to a de facto relationship in Australia (as far as rights and obligations go between each person in the relationship). You can always just go to a registry office and then plan a huge ceremony with family and friends at a later date.

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Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

  #66 (permalink)  
Old 02-05-2014, 08:33 AM
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think we;ll just head back to rainy ireland and live there for a year. once we do this , there is no way they can refuse us. it was the only issue that screwed us on the last app, they agreed we were a couple, they agreed with the social aspect of the relationship. they agreed we had a joint financial committment with one another. at least if we live together for 12 months in ireland (it will be 14 months altogether taking into consideration my 2 months here in perth with her) , we should be a shoe in for the visa

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Old 02-05-2014, 08:34 AM
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Or just get married now and apply onshore ? A civil wedding is not that different from registering the relationship. Lawyers wanting to go to court on legal precedents ? Are you sure you want to go there ?

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  #68 (permalink)  
Old 02-05-2014, 08:38 AM
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Yes it's annoying as Hell...trust me I know how you're feeling. My girlfriend and I have been away from Australia for three years today exactly (simply because we planned to move to Canada for 12 months but had to move to NZ for 6 months while our Canadian visas were approved and we couldn't afford to apply for the visa until we got to the UK).

If you're both serious about this relationship then you just have to suck it up. My missus gave up her job, had to re-home her two cats, sell her car etc etc. It's an awful process to have to go through so I know how frustrated you're feeling!

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  #69 (permalink)  
Old 02-05-2014, 08:43 AM
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Quote:
Originally Posted by NiallC33 View Post
im just being facetious. its just frustrating as fcuk. i had a call with my lawyer today, not the guy who feeds me bullsh*t but his associate who does seem to know her stuff. she said she has got plenty of clients partner visas who did not meet the cohabitation rule. she argued using legal precedents of cases. one in particular where a judge ruled that even though a couple never legally lived together, they spent almost every night together and in that instance they were defacto. i asked her for her professional opinion, take her loyalties away and answer me if we have a chance of a second application and she said she is very confident. even saying she would do it on a no win no fee
*sigh* we have very knowledgeable immigration agents who are legitimately registered who kindly offer their advice on this forum free of charge who have nothing to gain tell people time and time again that the cohabitation rule is not an optional extra.

You say that your lawyer discussed a couple who didn't live together but spent every night together - in my opinion that is called dating. Before I moved in with my ex husband we spent a year going backwards and forwards sleeping at each other's houses yes I never considered him my de facto until the day we moved in together. I didn't claim him on my taxes or anything until we fully and completely combined our households.

Immigration are not going to be convinced of the validity of a relationship that hasn't shown any evidence of true commitment. To be honest, how do you even know that your girlfriend and yourself won't drive each other crazy once you "set up house"? What's to stop either one of you just dusting your hands off and walking away the moment you get your PR? You may believe or even know that to be impossible, but immigration don't know you from a bar of soap and unfortunately those scenarios have happened in the past and that has been what has shaped the current legislation.

You are lucky that Australia even has a de facto visa at all and doesn't insist on marriage. They are taking a gamble on you and your relationship and they have every right to expect that you have demonstrated a minimum level of commitment.

I do think you're feeling unduly sorry for yourself or like you have been singled out and victimised but these rules apply to all of us - none of us are exempt from them.

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I'm the Australian wife, in love with the American dream!

820 partner visa, applied onshore January 3, 2014. Approved September 8, 2014.

Sending love and light and my best wishes to all the lovebirds just trying to make their dreams come true xxxx

Last edited by Star Hunter; 02-05-2014 at 08:46 AM.

  #70 (permalink)  
Old 02-05-2014, 08:48 AM
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I do refer to her as my partner all along in this thread
she is my girlfriend, she is not my wife. its just a term, dont get hung up on semantics please


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